LITERATURE REVIEW: CULTURAL CONSIDERATIONS IN ALTERNATIVE DISPUTE RESOLUTION
ANTONELLA RODRIGUEZ
This article was first published by Thomson Reuters in the Journal of Judicial Administration and should be cited as Antonella Rodriguez, Literature Review: Cultural Consideration in Alternative Dispute Resolution, 2018, 28, JJA, 122.
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THIS LITERATURE REVIEW WAS COMMISSIONED BY THE MIGRATION COUNCIL OF AUSTRALIA IN CO-OPERATION WITH THE JUDICIAL COUNCIL OF CULTURAL DIVERSITY. IT WAS INTENDED TO INFORM THE DEVELOPMENT OF A GUIDANCE NOTE FOR JUDICIAL OFFICERS WITH A SPECIFIC FOCUS ON CULTURAL CONSIDERATIONS THAT MIGHT ARISE AS PART OF THE FAMILY DISPUTE RESOLUTION PROCESS. A BROAD OVERVIEW IS PROVIDED CONSIDERING THE WORK UNDERTAKEN BY FAMILY DISPUTE RESOLUTION PRACTITIONERS AND THE INTERSECTION OF WESTERN STYLE FACILITATED DISPUTE RESOLUTION PRACTICES WITH CULTURALLY AND LINGUISTICALLY DIVERSE COMMUNITIES.
I INTRODUCTION
This literature review was conducted to assist in informing the development of a guidance note to judicial officers, tribunal members and mediators on cultural concerns and approaches to alternative dispute resolution (ADR) within the context of family dispute resolution (FDR). It is intended as an overview of literature with respect to cultural considerations in FDR rather than a comprehensive analysis of a specific area of focus. Part II considers the work of Family